Do the Signatures on a Living Will Have to Be Notarized in Oklahoma?

by A.L. Kennedy
A living will instructs medical personnel and family members in case you are incapacitated.

A living will instructs medical personnel and family members in case you are incapacitated.

Jupiterimages/Photos.com/Getty Images

A living will provides instructions for what to do if you become incapacitated or otherwise unable to make your own medical decisions. Many states, including Oklahoma, provide forms for living wills. In Oklahoma, your living will must be signed by you and by two witnesses in order to be valid, according to the Oklahoma Bar Association. Oklahoma law does not require living wills to be notarized.

Protect your loved ones by a legally binding will. Make a Will Online Now

Definition

A living will, also known as an "advance medical directive," explains the kind of care you do or do not want to receive if you are terminally ill and unable to understand your physicians or explain your own wishes. Unlike your last will and testament, a living will is only in effect during your life, and it does not distribute your property to anyone. In most states, you can combine a living will with a healthcare power of attorney, also known as an HPOA, to give a friend or family member instructions should you become incapacitated and to give that person the power to carry out your wishes, according to MedLaw Plus.

Content

In Oklahoma, anyone who is 18 years old or older and of sound mind may make a living will, according to the Oklahoma Bar Association, which also provides a form to make it easier to make your living will. The form has spaces for you to indicate, by signing, what types of care you want if you are incapacitated or facing a terminal illness. At the end of the form are spaces for your signature, name and the date, along with two spaces for witnesses to sign and list their addresses.

Legal Requirements

Your living will must be signed and witnessed by at least two witnesses in order to be valid in Oklahoma. Your witnesses may be any two adults 18 years old or older who are of sound mind. Oklahoma law does not require a living will to be notarized, but you may wish to have your living will notarized to ensure your physicians will accept it without undue questioning, according to MedLaw Plus.

Revocation

In Oklahoma, a living will takes effect when the person who made it is incapacitated and the fact of the living will's existence is communicated to the physician, according to FindLaw. Likewise, the living will can be revoked by simply telling the physician it is revoked, according to FindLaw. If you are unable to communicate with your physician, you may revoke your living will yourself, or you may give someone healthcare power of attorney, which includes the power to revoke your living will on your behalf, if necessary, according to MedLaw Plus.